Stabilisation And Association Agreement With Bosnia And Herzegovina

In discussions with countries that have expressed a desire to join the European Union, the EU generally enters into association agreements in exchange for commitments on political, economic, trade or human rights reforms in that country. In return, the country may be offered duty-free access to some or all EU markets (industrial goods, agricultural products, etc.) as well as financial or technical assistance. The decision has been in force since 21 April 2015 and the agreement since 1 June 2015, conditions arising from peace agreements and political agreements (for example. B, UN Security Council Resolution 1244 and the Dayton, Ohrid and Belgrade Agreements). 26 Over time, EU politicians and officials have even sent different messages about the content and degree of reforms under the country`s constitution. To be clear, the President of the European Commission, Barroso, said that while constitutional reform was not a strict condition for signing the ASA, “there is a link between these two processes… THE COMMUNITY and the EU must be convinced that they have a partner in Bosnia and Herzegovina capable of keeping its promises and implementing the agreement we are about to negotiate”55. It was therefore a kind of informal requirement that EU officials expect Bosnian political representatives to implement reforms to speed up the whole process of European integration. However, a number of European heads of state and government have not supported the idea that Bosnia needs a new or amended constitution to join the EU family.

In her speech, Solana said: “I don`t think it`s a good idea to reopen Dayton right now. If there is agreement between the three parties on certain agreements or solutions, I would obviously not object. [but] I really hope that over time you will have the discipline and energy to do it alone, without the pressure and impetus of the international community.” In addition, Werner Almhofer, Austria`s Ambassador to Bosnia and Herzegovina, says that the European Union has never set the successful implementation of constitutional reforms as a precondition for Bosnia and Herzegovina`s accession to the EU57. Or rather, the EU authorities have regarded constitutional reform as an informal conditionality, without clearly mentioning rewards or penalties for politicians. 28 TheDayton Agreement established the Constitution of Bosnia and Herzegovina in a single annex and decided to divide the country into two entities: the Bosnian-Croat Federation of Bosnia and Herzegovina (controlled mainly by Bosniaks and Bosnian Croats) and the Republika Srpska (mainly ruled by Bosnian Serbs). The two entities of the country have their own political and governmental structures. The association of Bosnia and Herzegovina is divided into three levels: the level of the entity, the cantonal level and the communal level.